PART 6

DISCLOSURE

Disclosure after conclusion of proceedings at first instance

Application to prosecutor for further disclosure
135
1
This section applies where—
a
the prosecutor has complied with section 133(2) in relation to an appellant, and
b
the appellant lodges a further disclosure request—
i
during the preliminary period, or
ii
if the court on cause shown allows it, after the preliminary period but before the relevant conclusion.
2
A further disclosure request must set out—
a
by reference to the grounds of appeal, the nature of the information that the appellant wishes the prosecutor to disclose, and
b
the reasons why the appellant considers that disclosure by the prosecutor of any such information is necessary.
3
As soon as practicable after receiving a copy of the further disclosure request the prosecutor must—
a
review any information of which the prosecutor is aware that relates to the request, and
b
disclose to the appellant any of that information that falls within section 133(3).
4
The prosecutor need not disclose under subsection (3)(b) anything that the prosecutor has already disclosed to the appellant.
5
In this section—
- “preliminary period”, in relation to the appellate proceedings concerned, means the period beginning with the relevant act and ending with the beginning of the hearing of the appellate proceedings,
- “relevant act” has the meaning given by section 133(5),
- “relevant conclusion” has the meaning given by section 134(5).